HomeMy WebLinkAboutr 10470 basis for & levy of assessment for slo tbidRESOLUTION NO. 10470 (2013 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE BASIS FOR
AND THE LEVY OF THE ASSBSSMENT FOR THE SAN LUIS OBISPO TOURISM
BUSINESS IMPROVEMENT DISTRICT, AND AFFIRMING THE ESTABLISHMENT
OF THE DISTRICT
\ryHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts
for several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo
Tourism Business Improvement District had requested the City of San Luis Obispo establish
such a self-assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was
established in July 2008, and the San Luis Obispo Tourism Business Improvement District Law
was incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the City Council appointed an advisory board to carry out the functions
specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and
recommendations regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the
Parking and Business Improvement Law of 1989 requires the advisory body to prepare and
submit an annual report stating proposed changes, improvements and activities for the fiscal
year; and
WHEREAS, such report was filed and approved by the City Council on October 7,2013;
\ryHEREAS, on October 1, 2013 the City Council adopted Resolution No. 10463 (2013
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement
District in 2013 -14; and
\ryHEREAS, the City Council held a duly noticed Public Hearing on November 5,2013
to allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in
the district which pay fifty percent or more of the assessment.
NO\ry, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a) The establishment of Tourism Business Improvement District in the City of San Luis
Obispo in accordance with the San Luis Obispo Tourism Business Improvement
District Law, San Luis Obispo Municipal Code Chapter 12.42, and the California
and
R 10470
Resolution No. 10470 (2013 Series)
Page 2
Streets and Highways Code, section 36500 et seq. (Parking and Business
Improvement Law of 1989) is affirmed.
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs
that increase overnight lodging.
c) The assessment shall be levied and allocated by the City of San Luis Obispo.
d) The assessment shall to be levied on all "hotels", as that term is defined in San Luis
Obispo Municipal Code section3.04.020, to wit: any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof.
e) The assessment shall be based on two percent (2%) of gross room rent.
Ð New hotels shall not be exempt from immediate assessment.
Upon motion of Council Member Christianson, seconded by Council Member Ashbaugh,
and on the following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Christianson, and Vice Mayor Smith
NOES: None
ABSENT: Mayor Jan Marx
The foregoing resolution was adopted this 5th day of November 2013.
V lCe M Smith
A
J. Mej
Clerk
APPRO TO
strne Dietrick
CMC
Attorney